KALPANA SINGHA Vs. SUNIL KUMAR SINGHA

JUDGEMENT

(1.) THE present case arises out of an application under Section 397/401 of the Code of Criminal Procedure. It is directed against the Order dated 18.12.2010 passed by the learned Judicial Magistrate, Kalyani, Nadia in Misc. Case No. 81 of 2007 under Section 125 of the Code of Criminal Procedure.

(2.) THE relevant facts of the present case are, in a nutshell, as follows: The petitioner herein/wife initiated a proceeding under Section 125 of the Code of Criminal Procedure against her husband/Opposite Party herein for maintenance of Rs. 10,000/- p.m. for herself. The said case was registered as Misc. Case No. 81 of 2007. In the said Misc. Case, the petitioner alleged inter alia that she was the legally married wife of the opposite party and in their wedlock two children were born. In the said application for maintenance, it was stated that her husband was a Military Personnel and used to stay at his place of posting and for the said reason she used to reside at her matrimonial home. During her such stay at her matrimonial home, her brother-in-law and sister-in-law used to inflict torture on her both mentally and physically. Whenever she informed the said matter to her husband, her husband without making any attempt to solve the matter, rebuked her for making such complaint.

(3.) AS against this, the husband/opposite party contested the said Misc. Case by filing written objection. The opposite party in his written objection denied the material allegation made by the petitioner/wife. It was the specific case of the husband that the petitioner/wife used to live in adultery when he (the opposite party) stayed at his place of posting and ultimately, on 22.5.2005, the petitioner after leaving her son and daughter, left her matrimonial home with her paramour namely Tushar Ghosh and started living with him (Tushar Ghosh) as husband and wife. It was also the case of the husband/opposite party that he also informed the said matter to the Police by lodging General Diary with Naihati P.S. Accordingly, dismissal of the application for maintenance had been so prayed for.